Can I Adopt My Child out If They Have Been Taken by Social Workers?

When you are involved in an existing Child Protective Services (CPS) case, can you still pursue adoption?

Yes, adoption is still an option for you and your baby.

But, exactly what your options are may vary based on your specific circumstances. So, if you have an existing CPS case, be sure to contact your caseworker for more information.

To get free adoption information now, you can also fill out our online contact form whenever you feel ready.

Still, we have put together this comprehensive guide that gives you the answers that you have been looking for.

If you are asking questions such as, “Can I adopt my child out if they have been taken by social workers,” and “Can you ‘give a newborn up’ for adoption if you have an existing CPS case?”, then you’re in the right place.

Can You “Give a Newborn up” for Adoption If You Have an Existing CPS Case?

Yes, in many cases, adoption is still an option.

If you are pregnant and considering a private adoption, having an existing CPS case or having other children in CPS custody should not affect your ability to create a voluntary adoption plan for the new baby.

In fact, there are many benefits of adoption for prospective birth mothers like you. Making this decision comes with a slew of advantages that you may not even know about. Below, we have outlined some of those benefits to help you make the choice that is best for both you and your baby.

More Control over Your Circumstances

One of the main benefits of choosing adoption is the amount of control it grants you. Even if there is Department for Children and Families (DCF) involvement, placing a child for adoption ensures that you get to call all the shots while your trusted adoption professional does all the heavy lifting.

Not only do you get to make all the choices for your adoption plan, but you also have more control over the situation if you’re afraid this new baby will be taken into CPS custody.

This is because placing a baby for adoption can prevent your choices from being ignored by CPS intervention. When you reach out to a reputable adoption agency, you can choose the adoptive family, stay in touch with your child after placement and more. When the CPS takes your child, though, you can no longer make these decisions.

Makes It Easier to Reunite with Your Older Children

There is another benefit of adoption if you have an existing CPS case. Choosing adoption may make it easier for you to focus on reuniting with your older children.

If you are wondering, “Can I adopt my child out if they have been taken by social workers,” the answer is likely no. But, pursuing adoption means you can dedicate more time to reuniting with your other children. Though adoption is a complex experience, this will ultimately give you more time to reconnect with your older children.

This is known as “reunification,” and it’s the ultimate goal for most children in the foster care system. In other words, it’s when children in foster care return to the care of their biological parents. If you still want to parent, then you can work with your CPS social worker to set up a plan for reunification.

The Ability to Choose the Adoptive Family

When you choose adoption for your baby, you can rest easy knowing that you get to choose the right adoptive family. Alongside your adoption professional, you can browse profiles of hopeful adoptive families that match your needs and preferences. This can give you plenty of peace of mind, as you can listen to your “gut” and find a family that’s perfect for your child.

Can I Adopt My Child Out If They Have Been Taken by Social Workers?

In some cases, you might be asking, “Can I adopt my child out if they have been taken by social workers?” The answer is no. If you’re wondering about making a private adoption plan for a child who is already in CPS custody, you unfortunately will not have the same choices.

From a general standpoint, it is up to the state to determine where the child should go. If the child is adopted through the foster care system, then birth parents usually have very little say in the process.

For instance, you don’t get to choose the family they are placed with, where they live and other details that adoption allows you to determine. The state decides if the child is placed back with you, with a temporary foster family or with a permanent adoptive family completing a foster care adoption.

This is because the child is already under the legal custody of the state. Once that occurs, you won’t be able to create an adoption plan for your baby. But, if you are pregnant right now and considering adoption, it is generally better to get in touch with a credible adoption agency earlier rather than later.


There’s no doubt that this can be a lot of information to wrap your head around at once. Adoption is a lot to soak in, so we understand if you have some more questions about the process. That’s why you can get more adoption information now by filling out our online contact form.

About the Author

Lindsay Arielle has been a proud birth mother since placing her son for adoption in 2011. Her post-placement agreement has always been an open adoption. She loves the time she gets to spend with her son and his parents during visits. Lindsay truly believes that for herself and her family, adoption has been a blessing, and she enjoys writing about spiritual healing for birth mothers.

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